Earlier this month, a serious accident in New Mexico resulted in the unfortunate deaths of two individuals. According to local news reports, the individuals were driving in the morning hours of April 12, 2015 when the accident occurred.
Evidently, a pick-up truck was driving on I-40 near Quay County, New Mexico. The pick-up truck slammed into the back of a semi-truck. After hitting the semi-truck, the pick-up truck was hit by two additional vehicles. A pile-up of cars then ensued. Unfortunately, the two individuals in the pick-up truck were pronounced dead at the scene of the accident. Reports indicate that, surprisingly, no one else was injured in the pile-up.
Bringing a Personal Injury Suit in New Mexico
The above case clearly illustrates a situation where an injured individual may consider bringing a personal injury suit against a negligent party. However, it also is an example of a particularly complicated case because there were several parties involved.
In New Mexico, to bring a personal injury suit, an injured individual or their loved one must be able to establish that the culpable party owed the victim a duty of care to act in a safe manner. In a driving situation, this duty is generally presumed because drivers have the duty to make sure they are driving safely and abiding by all the rules of the road. This includes not tailgating, properly signaling, and being aware of their surroundings. Next, the victim must show that the wrongdoer breached the standard duty of care by engaging in behaviors such as the ones listed above. Also, the victim must show that their injuries were the direct or proximate result of the wrongdoer’s actions and that damages were incurred.
Comparative Negligence in New Mexico
In some situations, there are several parties that are involved in the accident, and it can often be hard to determine who is actually liable. New Mexico follows the comparative fault theory of liability. This first means that if there are several parties involved, the fault and liability will be apportioned among them. However, it also means that if the plaintiff is determined to be at fault for their own injuries, their recovery will be reduced by the amount they are found to be at fault.
Have You or a Loved One Been Injured as a Result of an Accident With a Truck?
These types of cases can be particularly complicated because of the number of parties involved. Often, this means that there are several attorneys, insurance companies, and even trucking employers to deal with. It is highly recommended that you contact one of the experienced and dedicated personal injury attorneys at the Fine Law Firm. An attorney at our firm can assist you in determining your rights and remedies. If you are successful, you may be entitled to monetary compensation for medical expenses related to your injuries and possibly other damages as well. Contact the Fine Law Firm today at 505-889-FINE to schedule a free initial consultation with one of our attorneys.
More Blog Posts:
Texas Semi-Truck Accident Results in Fatality, New Mexico Truck Accident Lawyer Blog, April 1, 2015.
Court of Appeals in California Reverses Lower Court Decision on Trucking Accident, New Mexico Truck Accident Lawyer Blog, February 25, 2015.